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Law and Society

Overview

Law and Society offers a contemporary yet concise description of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law, as well as basic legal doctrine. Unlike comparable books on law and society available today, Matthew Lippman takes an interdisciplinary approach to integrate distinctive coverage of diversity, inequality, and globalism through an organized theme in a strong narrative. This practical and invigorating text provides readers with a better ...
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Overview

Law and Society offers a contemporary yet concise description of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law, as well as basic legal doctrine. Unlike comparable books on law and society available today, Matthew Lippman takes an interdisciplinary approach to integrate distinctive coverage of diversity, inequality, and globalism through an organized theme in a strong narrative. This practical and invigorating text provides readers with a better understanding of the connection between law and society and the impact recent literature on crime, justice, international human rights, and law has had to promote that connection.
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Product Details

  • ISBN-13: 9781412987547
  • Publisher: SAGE Publications
  • Publication date: 9/9/2014
  • Edition description: New Edition
  • Pages: 592
  • Product dimensions: 7.40 (w) x 9.00 (h) x 1.00 (d)

Meet the Author

Matthew Lippman has taught criminal law and criminal procedure in the Department of Criminology, Law and Justice at the University of Illinois at Chicago (UIC) for more than twenty-five years. He has also taught courses on civil liberties, law and society, and terrorism and teaches international criminal law at John Marshall Law School in Chicago. He earned a doctorate in Political Science from Northwestern University, a Master of Law from Harvard Law School, and is a member of the Pennsylvania Bar. He has been voted by the graduating seniors at UIC to receive the Silver Circle Award for outstanding teaching on six separate occasions and has also received the UIC Flame Award from the University of Illinois Alumni Association, as well as the Excellence in Teaching Award, Teaching Recognition (Portfolio) Award, and Honors College Fellow of the Year Award. The university chapter of Alpha Phi Sigma, the criminal justice honors society, named him “criminal justice professor of the year” on three occasions. In 2008, he was recognized as College of Liberal Arts and Sciences Master Teacher. He was honored by the College of Liberal Arts and Sciences, which named him Commencement Marshal at the May 2012 graduation. Professor Lippman is also recognized in Who’s Who Among America’s Teachers

Professor Lippman is author of one hundred articles and author or co-author of six books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is author of three other Sage volumes, Contemporary Criminal Law Concepts, Cases, and Controversies 3nd ed. 2010), Criminal Procedure (2nd ed. 2014), Essential Criminal Law (2014) and Law and Society (2015). His work is cited in hundreds of academic publications and by domestic and international courts and organizations. He has also served on legal teams appearing before the International Court of Justice in the Hague, has testified as an expert witness on international law before numerous state and federal courts, and has consulted with both private organizations and branches of the U.S. government. Professor Lippman regularly appears as a radio and television commentator and is frequently quoted in leading newspapers. He has served in every major administrative position in the Department of Criminology, Law and Justice including Department Head and Director of Undergraduate Studies and Director of Graduate Studies.

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Table of Contents

Preface
CHAPTER 1: AN INTRODUCTION TO LAW AND SOCIETY
An Introduction to Law and Society
Definitions of Law
Norms, Mores, and Folkways
Approaches to Defining Law
Summary of Definitions of Law
Families of Law
The Common Law
The Civil Law Tradition
The Socialist Legal Tradition
The Islamic Legal Tradition
International Law
The Functions of Law
Dispute Resolution
Social Change
The Disfunctions of Law
The Study of Law
The Study of Legal Doctrine
The Study of Jurisprudence
Law and Society
Two Perspectives on Law and Society
A Consensus Perspective
A Conflict Perspective
CHAPTER 2: THEORIES OF LAW AND JUSTICE
Legal Systems
Natural Law
Legal Positivism
Utilitarianism
The Categorical Imperative
Historical School
Classical Sociological Theorists
Legal Realism
Sociological Jurisprudence
Functionalism
Legal Behavioralism
Libertarianism
Critical Legal Studies
Critical Race Theory
Feminist Jurisprudence
CHAPTER 3: THE STRUCTURE AND FUNCTION OF COURTS, LEGISLATURES, AND ADMINISTRATIVE AGENCIES
Courts and Conflict Resolution
The Development of Federal Courts
The Structure of the Judicial System
Judicial Gatekeeping
The Jurisdiction of Federal Courts
Federal District Courts’
Federal Courts of Appeal
The U.S. Supreme Court
The Background of Supreme Court Judges
Judicial Review
The Supreme Court and Congress
The Organization of State Courts
State Courts of Limited Jurisdiction
State Courts of General Jurisdiction
State Appellate Courts
State Supreme Courts
State Judicial Selection
How Judges Decide Disputes
Legislation
The Constitutional Role of the Legislature
The Function of the Legislature
Interest Groups and Lobbyists
Administrative Agencies
The Legal Basis of Administrative Agencies
Controlling Administrative Decision-Making
Administrative Agencies and Regulated Industries
Administrative Regulation of Sexual Harassment on Campus
Law Enforcement
A Profile of the Police
State and Local Police
Federal Law Enforcement
Private Security
International Perspective: The United Nations System
CHAPTER 4: THE LEGAL PROFESSION
Perspectives on the Legal Profession
The Historical Development of the English Legal Profession
The Growth of the American Legal Profession
The Early Years
The Middle Years
The Contemporary Legal Profession
The American Bar Association
The Contemporary Legal Profession
Solo Practitioners and Small Firm Lawyers
Large Corporate Law Firms
Government Lawyers
In-House Corporate Counsel
Women Lawyers
African-American Lawyers
Professional Satisfaction
International Perspective on the Legal Profession in China
CHAPTER 5: LAW SCHOOLS, ACCESS TO JUSTICE, AND LEGAL ETHICS
Admission to Law School
The Law School Experience
Admission to the Bar
Lawyers, Clients, and Access to Justice
Advertising
Contingent Fee
Legal Service Plans
Meeting the Legal Needs of the Poor
Pro Bono
Cause Lawyers
Self-Representation
Ethics Complaints
International Perspective on Legal Education
CHAPTER 6: DISPUTE RESOLUTION
Stages of Disputing
Methods of Dispute Resolution
Preconditions for Adjudication
Social Influences on Disputing
American Attitudes Towards the Law
The Debate Over Litigation in America
Alternative Dispute Resolution
A History of Alternative Dispute Resolution
International Perspective: Gacaca Courts in Rwanda
CHAPTER 7: CRIMINAL COURTS
The Adversarial Trial
Crime Control and Due Process
Defense Attorneys
Indigent Defense
Prosecutor
Prosecutors and The Dismissal Of Cases
The Grand Jury
Plea Bargaining
The Development of Plea Bargaining
Working Groups
The Mutuality of Advantage in Plea Bargaining
International Perspective Inquisitorial Legal Systems
CHAPTER 8: JURIES
The Jury in Criminal Cases
The Development of The American Jury
Jury Decision-Making
Judges and Juries
Jury Nullification
Jury Selection
Social Science and Jury Selection
The Jury and The Death Penalty
Sentencing
Types of Sentences
Factors in Sentencing
Sentencing Reform and Three Strikes Laws
Wrongful convictions
International Perspective The International Criminal Court
CHAPTER 9: LAW AND SOCIAL CONTROL
Informal and Formal Social Control
Legal Controls
Criminal Penalties
Deterrence
Requirements for Deterrence
General Deterrence
Evaluating General Deterrence
Types of Crime and Genera Deterrence
Specific Deterrence
The Ethics of Deterrence
Capital Punishment
Executions
The Application of the Death Penalty
Public Opinion and the Death Penalty
The Debate Over Capital Punishment
Capital Punishment and Deterrence
International Perspectives on Capital Punishment
Victimless Crimes
Prostitution
Gambling
White Collar Crime
International Perspective: Genocide
CHAPTER 10: THE IMPACT OF LAW ON SOCIETY
The Impact of Society on the Law
Law as the Cause of Social Change
Compliance, Rejection and Evasion of the Law
Courts and Social Change
School Integration
Abortion
Same-Sex Marriage
The Impact of Law on Criminal Justice
Interrogations and Confessions
Prison Reform
Law and Social Movements
Civil Disobedience and Social Change
The International Law of Human Rights
FGM and the Implementation of International Human Rights
CHAPTER 11: LAW AND RACIAL AND ETHNIC INEQUALITY
Critical Race Theory
Driving While Black (DWB) and Racial Profiling
Race and Stand Your Ground Laws
Race and the War on Drugs
Mass Incarceration and Crack Cocaine
Race and Crack Cocaine
Hate Crimes
The Color of Immigration Law
The Cultural Defense
International Perspective: Global Sex Trafficking
CHAPTER 12: INTERNATIONAL HUMAN RIGHTS AND INTERNATIONAL CRIME
The Evolution of the International Law of Human Rights
The United Nations and Human Rights
The United Nations Human Rights System
Domestic Enforcement of International Human Rights
Conflicting Perspectives on International Human Rights
Domestic Courts and Human Rights
U.S. Congressional Statutes on International Human Rights
Child Soldiers and the Humanitarian Law of War
Corporations and Human Rights
Drones and Counter-Terrorism
Torture and Crimes Against Humanity
The United States and Enhanced Interrogation
CHAPTER 13: PRIVACY AND SURVEILLANCE
Does Privacy Matter
A Brief History of The Law of Privacy
The Law of Privacy
Intimate Relationships
Reproductive Rights
Personal Information
Searches and Seizures
Statutory Protections
The Constitutional Right To Privacy
The Panopticon Society
Governmental Surveillance
Private Sector On-Line Data Collection
Identity Theft
Cybercrime
A Digital Constitution
Drug Testing
DNA
Fingerprints and Biometric Identification
International Perspective: Internet Surveillance
Glossary
References
Index
About the Author
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